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Maliyah : Jurnal Hukum Bisnis Islam

maliyah
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Published by Universitas Islam Negeri Sunan Ampel

ISSN : 20884869 EISSN : 25974351 DOI : https://doi.org/10.15642/maliyah.2021.11.2

Core Subject : Religion, Economy, Social,

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Kajian-kajian Hukum Ekonomi dan Bisnis Islam, baik berupa artikel konsepsional ataupun hasil penelitian.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 168 Documents

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Gadai dalam Perspektif KUHPerdata dan Hukum Islam Hanna Masawayh Qatrunnada; Lailatul Choiriyah; Nurul Fitriani
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This article discusses the law of pawn in terms of the Civil Code and Islamic law. This article is the result of a literature study and is qualitative. Data about pawning is collected through books, journals, and the internet. After the data was collected, it was classified and analyzed descriptively. The results of the discussion concluded that pawning in the Civil Code is regulated in Book II Chapter 20, Article 1150 to Article 1161, while in Islamic law it is included in the discussion of muamalah fiqh. In terms of the Civil Code and Islamic law, they have the same thing that the pawn is collateral for goods because of the existence of accounts payable, and both allow pawning law. The existence of a pawning contract has implications for legal consequences. The Civil Code regulates these provisions in its articles. Islamic law allows pawning based on the arguments of the Koran, Sunnah, and ijma'. Pawn contains benefits, namely to help someone who is experiencing difficulties in their daily activities. The pawn (ar-Rahn) has certain pillars and conditions that must be fulfilled so that the pawn can be implemented based on goodness and benefit for both parties carrying out the transaction. If the pillars and conditions of the mortgage are not fulfilled or violate the terms and conditions in Islam and the elements of benefit, the law is declared null and void.

Pengembangan Usaha Kecil Menengah di Tanggulangin Sidoarjo Moch Mahrus Fathur Rosy; Refita Avitriani Rizalina; Mega Ayu Ningtyas
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

The business development of leather handicraft SME entrepreneurs in Tanggulangin does not take place instantly. In the beginning, entrepreneurs attended various training in the development of skin-based SMEs. After his knowledge was sufficient then he applied it in the field. Here the high creative power of entrepreneurs is required. With such diverse creative powers, the demand for their products will increase. The level of production increases due to increased demand from consumers. This increasing demand is the beginning of economic development at Tanggulangin so that employers need a lot of employees. If many residents in Tanggulangin are absorbed into the SME leather handicraft center, the unemployment and poverty there will automatically decrease. Each family member has high productivity because a lot of it is absorbed into the leathercraft UKM center. The higher the level of productivity of the residents there, the more evenly the income per family there, and the standard of living will increase. Tanggulangin's income and income levels increase along with the advancement of UKM there. This can be an income from the city of Sidoarjo itself if the revenue from Tanggulangin continues to be constant from year to year.

Digital Currency under the Perspective of Islamic Law Achmad Fageh
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 1 (2021): Juni 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Fatwa Number: 28/DSn-MUI/III/2002 regulates the sale and purchase of money in the fatwa which reads: Currency buying and selling transactions are basically allowed, provided that: Not for chancy (speculation), just in case (savings), the transaction needs if the currency transactions are of the same type, they must be of the same value and cash. If different types, it must be based on the exchange rate at the time of transaction and cash delivery. The concept of digital currency for buying and selling transactions has met the requirements and pillars. However, in the mechanism, there is an element of ambiguity. Its nature and form is unknown (jahalah), which is contained in the software. The use of digital money is also seen as having many disadvantages. The reason is that when the price goes up, this digital money will be sold, and even the price can go up to zero. Here there is a dark side that is to draw fate and make a profit. So to avoid harm, this digital money is not recommended to be used.

Pasar Bebas di Era Globalisasi dalam Perspektif Ekonomi Syariah Hoddemah Hoddemah; Wiwik Saidatur Rolianah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

The free market in the era of globalization is a necessity that cannot avoid. Countries that cannot meet their own needs must trade with other countries to meet these lacking needs. This free market is expected to improve the economy of a country and the welfare of its people. Still, in subsequent developments, the free market will positively impact the perpetrators and have a negative effect so that there will be contraception among economists regarding the merits and demerits of the free market. So far, a country can't stay away from the free market so how a country must make innovation, creativity, work levels, and everything good and quality so that its merchandise can compete in the free market. In Islamic economics, the existence of a free market is allowed to meet the needs of a country while still paying attention to the principles of trade in Islam such as being honest and not doing things that are contrary to religious teachings such as monopoly.

Pemikiran Ekonomi Syariah Menurut Muhammad Abdul Mannan dan Muhammad Baqir Al-Sadr Dewi Nur Ainiyah; A. Zaim Fachri; M. Zainal Abidin
Maliyah : Jurnal Hukum Bisnis Islam Vol. 9 No. 1 (2019): Juni 2019
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This article discusses Islamic economic thinking according to Muhammad Abdul Mannan and Muhammad Baqir as-Sadr. The purpose of writing this article is to find out the similarities and differences in the economic thought of Muhammad Abdul Mannan and Muhammad Baqir as-Sadr. This research is library research and is qualitative. The data were obtained through books, journal articles, and the internet, especially those discussing Islamic economics and the works of Muhammad Abdul Mannan and Muhammad Baqir as-Sadr. The data collected were analyzed comparatively. The study results conclude that Mannan and as-Sadr have the same thoughts in terms of income distribution to ensure the welfare of all elements of society in a country. The economic problem does not lie in production or the scarcity of resources, but rather due to unequal and unfair distribution due to the financial system that allows the exploitation of the strong against the weak. According to Abdul Mannan, the difference between Baqir and Mannan's thoughts is that production can combine the traditional economy and the market. At the same time, Baqir As Sadr only supports government planning and does not consider market forces. M. A. Mannan allowed private ownership, while Baqir Ash-Sadr limited private ownership to use rights only.

Analisis Ijārah, Wadī’ah dan Maslahah terhadap Transaksi Penyimpanan Darah Tali Pusat Bayi di Rumah Sakit Mitra Keluarga Darmo Satelit Surabaya Holis Holis
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 1 (2021): Juni 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This research is field research that discusses the transaction of storing a baby's umbilical cord blood that occurs at the Darmo Satelit-Surabaya "Mitra Keluarga" Hospital in the theoretical perspective of maslahah (benefits), Ijārah (lease) and Wadī'ah (savings). This study proposes two problem formulations, namely: first, a description of the baby's umbilical cord blood storage transactions that occurred at the Darmo Satelit-Surabaya "Mitra Keluarga" Hospital. Two, analysis of maslahah, Ijārah, and Wadī'ah on transactions for storing baby's umbilical cord blood at the Darmo Satelit-Surabaya "Mitra Keluarga" Hospital. The results of the study concluded that the hospital stores umbilical cord blood that has been cut and stored through stem cell transplantation and cell therapy. From the perspective of Ijārah, Wadī'ah, and maslahah, the practice is permissible because there is no element of garār and gives maslahah for human life.

Pendapat para Ulama Kabupaten Gresik terhadap Penggunaan Uang Elektronik menurut Hukum Islam Nabila Zulfatien Nisa’ Al-Uluwiyah; Moh. Faizur Rohman
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 1 (2021): Juni 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This study aims to determine the opinion of the Ulama in Gresik Regency on the Use of Electronic Money according to Islamic Law. This field research uses a descriptive analysis method related to the views of the scholars of Gresik Regency on the use of electronic money. The data is then analysed using the Fatwa of the National Sharia Council (DSN) Number 116/DSN-MUI/IX/2017 concerning Sharia Electronic Money. Scholars in Gresik Regency stated that electronic money is only a modern payment tool in the card format that stores the money value in digital form. In general, electronic money can make it easier to use in all types of transactions, although it is not entirely reliable in terms of security. If the electronic money card is lost, the money value in the card will also be lost, and the owner cannot ask for accountability from any party. The scholars in Gresik Regency also stated that electronic money is halal and legal as long as it does not contain elements of gharar, is not used for things prohibited by religion. In purchasing electronic money, balances must be in the amount of cash paid so that usury does not occur. Thus this is also per the DSN-MUI Fatwa No. 116/DSN-MUI/IX/2017, which states that sharia electronic money is following sharia principles.

Penolakan Sertifikasi Label Halal MUI Surabaya pada Produk “Mie Setan” Perspektif Hukum Islam dan Undang-Undang No 33 Tahun 2014 Siti Nur Faiza
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This study discusses the rejection of the halal label certification on devil noodle products in the perspective of Islamic law and Law no. 33 of 2014. The results of the study concluded that the rejection of the halal label certification application based on SK46/Dir/LPPOM MUI/XII/14 and MUI Fatwa Number 4 of 2003 concerning Standardization of Halal Fatwas because the name of Satan is identic with the name of the enemy of Allah and it is feared that it can distance from remembering Allah and can be categorized as 'urf fasid (bad costome) that must be abandoned. Then, regarding the product name in Law no. 33 of 2014 is not an object that will be examined by halal auditors, but regarding the name and type of product, it is an initial file at the stage of submitting an application, then in article 33 of Law no. 33 of 2014 explains that the determination of product halalness is carried out by MUI in the MUI halal fatwa trial. In line with the conclusion above, the owner of the Surabaya devil noodle product must follow the procedure of LP POM MUI JATIM, namely changing the name of the devil with a good name, then for consumers who consume devil noodle, it is expected that the spicy level is adjusted to the body's ability and not excessive, and for LP POM MUI JATIM to be careful in accepting or rejecting the submission of MUI halal label certification, so that no party feels aggrieved or disappointed.

Operations of the Institution of Baitul Mal Wa At-Tamwil under the Perspective of al-Kulliyat al-Khamsah of the al-Shatibi’s Maqasid al-Shari‘ah Iftihor Iftihor
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

The development of the Islamic economics in Indonesia shows progress and needs to be appreciated. It can be seen in the effort to find its relevance to the modern economy, including the application of maqasid shari'ah as the main support in every operational development of shari’ah financial institutions. In this study, researcher will focus on the issue of how to implement the maintenance of al-kulliyyat al-khamsah of maqasid shari'ah of al-Shatibi at BMT Mawaddah Pelenggagan, Pamekasan, Madura. This is a qualitative research that the data is gained by using documentation and interview technique. The results of this study are (1) the implementation of maintenance of maqasid shari'ah of al-Shatibi’s al-kulliyyat al-khamsah which has been carried out by BMT Mawaddah has been going well. (2) There are several patterns that are not implemented because there are obstacles in their implementation. (3) It is found that there is a form of conformity between the concept of maqasid shari'ah in general and that of al-Shatibi’s al-kulliyyat al-khamsah.

Peran Kewirausahaan dalam Pertumbuhan Ekonomi Islam di Indonesia Zakiyah Darojah; M. Didanul Quro’i; Dita Kartika Dewi
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

In economic activities, Islam encourages its people to be entrepreneurial, as taught in the Qur'an and hadith. In entrepreneurship, a person must have noble qualities, and it is forbidden to do entrepreneurship in a dishonest and unkind way. To become a successful entrepreneur, one should have a proactive, productive, empowering, hands-on (like to give) nature, humble, creative, and innovative. Entrepreneurship has become a concern of the government, especially Small and Medium Enterprises (SMEs), reducing the number of unemployment and poverty in Indonesia. Entrepreneurship has its role in Indonesia's economic growth, namely increasing productivity. Entrepreneurship also affects the development of the Islamic economy in Indonesia. That can develop sharia financial services, which include sharia banking, sharia cooperatives, sharia insurance, sharia mutual funds, etc., proves that entrepreneurship has a positive role in the growth of the Islamic economy in Indonesia.

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Moh. Faizur Rohman

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Prodi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya, Jl. Ahmad Yani 117 Surabaya, Jawa Timur 60237

Location
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Jawa timur

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Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Moh. Faizur Rohman

Contact Email faza_veiro@uinsa.ac.id

Phone +6285749376509

Journal Mail Official faza_veiro@uinsa.ac.id

Editorial Address Prodi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya, Jl. Ahmad Yani 117 Surabaya, Jawa Timur 60237

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Moh. Faizur Rohman

Contact Email
faza_veiro@uinsa.ac.id

Phone
+6285749376509

Journal Mail Official
faza_veiro@uinsa.ac.id

Editorial Address
Prodi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya, Jl. Ahmad Yani 117 Surabaya, Jawa Timur 60237

Location
Kota surabaya,

Jawa timur

INDONESIA